JUDGMENT :

Mridul Kumar Kalita, J.

1. Heard Mr. Angshuman Bora, learned senior counsel and Mr. Pfosekho Pfotte, learned counsel for the petitioners. Also heard Mr. Bendangwabang, learned counsel for the respondent No.2 as well as Mr. Kevi Angami, learned Public Prosecutor, Nagaland for the respondent no. 1.

2. This criminal petition has been registered on filing of an application under section 482 of the Code of Criminal Procedure, 1973 by the petitioners praying for quashing of the criminal proceedings in CR Case No.11/2021 pending in the Court of learned Chief Judicial Magistrate, Dimapur as well as for setting aside the order dated 11.11.2021 passed by learned Chief Judicial Magistrate, Dimapur, in CR Case No. 11/2021, whereby cognizance under sections 419 /420 /421 /423 /467 /458 /477 /483 /493 of the Indian Penal Code was taken against the present petitioners.

3. The facts relevant for adjudication of this criminal petition, in brief, are as follows-

i. That the respondent no. 2 namely, Shri K. Saku Jamir had instituted a complaint case in the Court of learned Chief Judicial Magistrate, Dimapur at Dimapur, Nagaland arraigning (1) The Branch Manager, Federal Bank, Dimapur (2) Mr. Abraham Joseph VJ, SP-3280, Assistant Vice President & Branch Head, Federal Bank, Dimapur, Nagaland as defendants and (3) The General Manager, Federal Bank Limited, Post Box No.103, Federal Towers, Aluva-683101, Ernakulum, Kerala, India (4) The Executive Director & Chief Operating Officer, CEO’s Secretariat, Federal Bank Limited, Post Box No.103, Federal Towers, Aluva-683101, Ernakulum, Kerala, India (5) The Managing Director & CEO, Federal Bank Limited, Post Box No.103, Federal Towers, Aluva-683101, Ernakulum, Kerala, India, as pro-forma defendants. It is pertinent to mention herein that in a criminal case the parties, against whom the allegations are made, ought to have been referred to as “accused” and not as defendants or pro-forma defendants as has been done in the aforementioned criminal complaint case.

ii. It has been stated in the complaint petition, that the complainant (respondent no.2 in the instant criminal petition) took a cash certificate (cash certificate receipt no. G867467 against account no. 11880300251016), on 06.04.2015, for fixed deposit of an amount of Rs. 5,00,000/- in the Dimapur branch of Federal Bank Limited for a period of six years. In the year 2021, when the complainant/respondent no.2 approached the bank for redeeming the cash certificate on its maturity, he came to know that without any consent from him, the bank illegally and arbitrarily adjusted a loan purported to have been taken by him against said cash certificate.

iii. It is also stated in the complaint petition that the complainant/respondent no.2 had availed a loan of Rs.3,00,000/- from the Dimapur branch of Federal Bank Limited, on 01.07.2019, against account no. 11887500044521 and the said loan was cleared on 30.04.2020. However, on 30.04.2020, the bank opened another loan account, i.e., account no. 11887500045288 in the name of complainant/respondent no.2 for an amount of Rs.3,00,000/- without any consent from him. It is further alleged that on 12.04.2021, the cash certificate was closed and an amount of Rs.3,26,082/- was adjusted against the loan account, i.e., account no. 11887500045288 there from, which according to the complainant/respondent no.2 he had never avail. It is also stated that the complainant/respondent no.2 approached the bank to provide him necessary documents in respect of the loan account, i.e., account no. 11887500045288 purported to be availed by him, however, the bank failed to provide any such document and accordingly the complainant/respondent no.2 lodged a criminal complaint against the present petitioners alleging commission of offence under sections 419/ 420/ 421/ 423/ 467/ 458/ 477/ 483/ 491 of the Indian Penal Code.

iv. The said complaint case was registered as CR Case No. 11/2021 in court of learned Chief Judicial Magistrate, Dimapur